Railroad Responsibility & Negligence

Railroad Company Responsibility & Negligence

Roads and Railroad Tracks: A Dilemma

After a train accident, railroad companies will almost always claim that the driver of the motor vehicle tried to beat the train or that they simply broke the law and ignored the warnings in place. To hear them tell it, you would hardly know that they have any responsibilities at all. The fact is, wherever the roads we drive on intersect with railroad tracks, everyone—motor vehicle drivers, railroad companies, and train crews included, has a duty to do certain things.

Drivers’ Responsibilities

A drivers’ responsibility as they approach railroad tracks is to obey all posted traffic and warning signs. Under Texas law, for example, a driver approaching a railroad grade crossing must stop not closer than 15 feet or farther than 50 feet from the nearest rail if:

a train approaching within approximately 1,500 feet of the highway crossing emits a signal audible from that distance and the engine is an immediate hazard because of its speed or proximity to the crossing, or;

an approaching train is plainly visible to the driver and is in hazardous proximity to the crossing.

Train Crew Responsibilities

As the train crew approaches a roadway intersection, they have responsibilities which include:

Observing authorized track speed limits

Sounding the locomotive’s horn as they approach

Railroad Company Responsibilities

Railroad companies have a legal obligation to maintain safe conditions at all crossings. Their primary responsibilities include properly installing and maintaining appropriate warning devices, as well as keeping their property free of obstructions to the drivers’ line of sight. Unfortunately, railroad companies are notorious for their aversion to paying for warning devices. In many cases, the railroad company cannot even follow their own rules regarding regular clearing of trees and brush near intersections.

A crossbuck costs a small amount of money to install and has little, if any, maintenance costs. In contrast, a crossing gate equipped with lights can cost over 100,000 dollars to install, plus annual maintenance. It is no surprise to see that approximately half of the over 10,000 crossings in Texas have only crossbucks.

We Work On A Contingency Fee Basis

Personal injury lawsuits are complicated and expensive to mount and that is why we take all cases on contingency, meaning there is never a fee until we recover a settlement in your favor. If you’ve been injured, contact us today for a FREE consultation and peace of mind from one of our Texas Trial Attorneys.

Locations Throughout Texas

We provide skilled legal representation to individuals across the State of Texas including the Dallas-Fort Worth communities of Arlington, Bedford, Dallas, Fort Worth, Irving, Grand Prairie, Mesquite and other cities in Texas including Houston Clear Lake / NASA, Texas.

Bailey & Galyen is one of the largest consumer law firms in Texas, satisfying clients in Texas, as well as nationwide. While we are recognized in the legal community as maintaining the highest levels of experience, knowledge and professionalism, we are more concerned about impressing our clients than our colleagues.